Report on Citizenship Law: Guatemala cases where the naturalised Guatemalan: a) takes part in “activities against the internal or external security of the State”, without a judicial process being necessary. That is, naturalisation can be revoked without the need for a nullity statement on behalf of a judge. b) invokes “foreign sovereignty over Guatemala”, as in the case of dual citizenship. In such case, the State does not admit another sovereignty for naturalised Guatemalans. c) refuses to defend the country from threats or does not follow his or her citizenship duties. This is a central fact as the history of the second half of the twentieth century was marked by the Internal Armed Conflict (1960-1996). With this measure, the fidelity of naturalised Guatemalans was guaranteed, although it has its roots in the beginnings of its republican history. d) if the person has a serious criminal record before naturalisation that is not reported during the naturalisation application. e) for defects in the marriage process with which he or she got the nationality 32. The loss of nationality for naturalised people means that they can no longer apply for it, except for those who demonstrate a justified absence before the authorities or according to international human rights agreements33. 3.3. Differences among naturalised Guatemalans and those of origin The 1985 Constitution establishes some important differences between the Guatemalans of origin and those who have had access to the nationality through other channels established in the law. Because of the fear of insecurity in the border areas, the Constituent Assembly established that only Guatemalans of origin or from “societies with the same quality” could be landowners in the fringes near the border, a strip with a limit of fifteen kilometres. At the beginning of the twentieth century there was a serious conflict on the northern border with Honduras that involved one of the banana companies which had territorial rights on both sides of the border. The condition described in the article of the Constitution seeks to prevent such events from recurring. But on the issue of political rights, the Constitution establishes that only Guatemalans of origin have the right to apply for the positions of deputies, president, vice-president, magistrate (Supreme Court of Justice and the Constitutional Court), judges and military officers. In the latter case, the Constitution adds two important limitations. The first is that the Guatemalan of origin that opts to be a military officer cannot have solicited “a foreign nationality at any time”. In addition, members of the military and security forces cannot vote. Another differentiating element is the Agreement established between Guatemala and Spain in 196134. 3.4. Double Nationality Treaty with Spain In 1961 the governments of Spain and Guatemala agreed to recognise the right of their citizens to accede to the nationality of the counterpart. That is, they agreed to respect the right of their nationals to decide when transferring their residence to one of the signatory parties. For this, the “Nationality Agreement” between both States was reached. It established that thanks to the “deep spiritual and material ties” that existed between Guatemala and Spain, Guatemalans and Spaniards were authorised “by birth” 35 to acquire Spanish or Guatemalan nationality by the “sole fact of establishing their residence in Spain or Guatemala”. This article clarifies the 32 Ley Nacionalidad, Art. 56. Ibid, art. 53 y 58. 34 Constitución Política 1985, art. 123, 162, 185, 207, 247 y 248. 35 Incluyó a la nacionalidad por filiación. 33 12 RSCAS/GLOBALCIT-CR 2020/2 - © 2020 Author